Case Law Details

Case Name : In re M/s Ridha Chemicals (GST AAR Kerala)
Appeal Number : Advance Ruling No. KER 29 /2019
Date of Judgement/Order : 01/03/2019
Related Assessment Year :

In re M/s Ridha Chemicals (AAR Kerala)

The applicant is producing steam from waste. The Assessing Authority under the Kerala Value Added Tax Act, 2003 assessed the same under VAT treating the same as an unclassified item. As per entry 34(d) of 1st Schedule to the KVAT Act, 2003 ash and residues from incineration of municipal waste is exempt from payment of tax. In the circumstances it is requested to issue advance ruling whether steam is taxable or exempted commodity.

There was no representation on the date of hearing. As per Circular No. 25/25/2017-GST dated 21st  December, 2017 issued by Central Board of Excise and Customs, the applicant for advance ruling has to make the payment of the fee of Rs. 5,000/- each under the CGST and the respective SCST Act. But the petitioner has remitted Rs.5,000/- under SGST head only. Even though intimation was given to the applicant to pay deficit amount, there was no response from the side of applicant.

In the circumstances the application for advance ruling is not maintainable and rejected.

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April 2021